HCBBS Forum (English)
Submit Chemical Projects / Find Solutions
Amplify Your Requirements on a Broader Chemical Platform *Engineering · Technology · Equipment · Solutions*
Submit Request

[Interpretation of the Special Equipment Safety Law] Article 86

2022-03-18View Original

Thread Content

Article 86: If a unit engaged in the production, operation, or use of special equipment violates the provisions of this Law and falls under any of the following circumstances, it shall be ordered to make corrections within a specified time limit; If the violation is not corrected within the prescribed time, the party shall be ordered to cease using the relevant special equipment or to suspend operations for rectification, and shall be fined between 10,000 yuan and 50,000 yuan: (1) Failing to assign special equipment safety managers, inspectors, and operators with the appropriate qualifications ; (II) Employing personnel who have not obtained the requisite qualifications to engage in the safety management, inspection, and operation of special equipment ; (III) Failing to provide safety education and skill training for safety management personnel, inspection personnel, and operators of special equipment. Interpretation of the provision: This article stipulates the legal responsibilities for entities involved in the production, operation, and use of special equipment that fail to appoint safety managers, inspectors, and operators as required by law, as well as for those that fail to provide safety education and skill training to such personnel. Paragraph 2 of Article 13 of this Law stipulates that entities engaged in the production, operation, or use of special equipment shall, in accordance with **relevant regulations, assign safety management personnel, inspection personnel, and operational staff for such equipment, and provide them with the necessary safety education and skill training. Article 14 stipulates that safety management personnel, inspection personnel, and operators of special equipment must obtain the corresponding qualifications in accordance with **relevant regulations before they can engage in such work. Units engaged in the production, operation, or use of special equipment that violate the aforementioned provisions shall bear corresponding legal responsibilities in accordance with this article. I. Entities liable under law The entities subject to legal liability as stipulated in this article are quite diverse, including units engaged in the production of special equipment (including design, manufacturing, installation, modification, and repair), units that operate special equipment, and units that use special equipment. II. Illegal acts for which legal liability applies The circumstances under which the entities responsible for the production, operation, and use of special equipment as specified in this article shall bear legal liability include: (1) Failing to assign safety management personnel, inspection personnel, and operators with the appropriate qualifications for such equipment. This law requires entities that produce, operate, or use special equipment to appoint safety managers, inspectors, and operators in accordance with **relevant regulations**. It also stipulates that such safety managers, inspectors, and operators must obtain the appropriate qualifications as required by **relevant regulations** before they can carry out their duties. Therefore, if entities engaged in the production, operation, or use of special equipment fail to appoint special equipment safety managers, inspectors, and operators with the requisite qualifications in accordance with **relevant regulations**, such actions constitute a violation of the law. They shall bear corresponding legal responsibilities pursuant to this provision. The failure to appoint safety management personnel, inspectors, and operators with the requisite qualifications for special equipment is manifested in the following ways: First, there are no safety management personnel, inspectors, or operators with the necessary qualifications appointed for special equipment. Second, the personnel assigned do not possess the required qualifications; there are two types of this situation – one is that they simply lack the necessary qualifications ; Second, the qualifications do not meet the requirements; for example, those who operate boilers should possess boiler operator qualifications, but instead, personnel with only qualifications in boiler water treatment are assigned to this task. Third, the required personnel are not assigned in accordance with the regulations. As stipulated, boiler manufacturing companies must have safety managers, inspectors, and operators. If a company only employs inspectors and operators, it is in violation of the regulations, constituting an illegal act as specified in this clause. (II) Employing personnel who do not possess the appropriate qualifications for the safety management, inspection, and operation of special equipment. The safety management, inspection, and operation of special equipment require high levels of expertise and specific qualifications from the personnel involved. This law stipulates that those responsible for the safety management, inspection, and operation of special equipment must obtain the appropriate qualifications in accordance with relevant regulations before they can carry out such tasks. Persons who do not possess the required qualifications are not eligible to engage in these activities, and shall not be allowed to participate in the safety management, inspection, or operation of special equipment. Units responsible for the production, operation, and use of special equipment shall also refrain from employing personnel who do not possess the appropriate qualifications for such work; otherwise, the relevant units will be held legally accountable in accordance with the provisions of this article. (III) Failing to provide safety education and skill training for safety management personnel, inspection personnel, and operators of special equipment. The safety management personnel, inspectors, and operators of special equipment here have obtained the necessary qualifications in accordance with **relevant regulations. The law requires that the entities responsible for the production, operation, and use of special equipment provide them with safety education and skill training, mainly because safety issues related to special equipment are of great importance. It is therefore crucial for these entities to offer such training to ensure the safe operation of the special equipment they handle. Units that produce, operate, or use special equipment shall bear the corresponding legal responsibilities in accordance with the provisions of this article if they fail to fulfill their obligation to provide safety education and skill training for the safety management personnel, inspection personnel, and operators assigned to work with such equipment. III. Forms of legal liability The legal liability that the entities responsible for the production, operation, and use of special equipment, as stipulated in this article, must assume is administrative legal liability: (1) Order to make corrections within a specified time limit. Article 23 of the Administrative Penalty Law stipulates that when imposing administrative penalties, administrative authorities shall order the parties concerned to correct the illegal acts or to do so within a specified time limit. When issuing a decision ordering the correction of an illegal act within a specified time limit, a reasonable deadline for such correction should be determined based on the actual circumstances, and the person who committed the illegal act must correct it within that established deadline. Here, ordering rectification within a specified time limit means ordering the special equipment production, operation, and use entities that have violated the provisions of this article to appoint special equipment safety managers, inspectors, and operators with the appropriate qualifications within the given time frame ; Replace those without the appropriate qualifications who are involved in the safety management, inspection, and operation of special equipment with those who possess such qualifications ; Safety education and skill training shall be provided to safety management personnel, inspection personnel, and operators of special equipment within the specified time frame. In accordance with this provision, if a unit that illegally produces, operates, or uses special equipment corrects such illegal activities within the specified time frame, no administrative penalty will be imposed; this is also intended to encourage the parties involved to actively rectify their illegal actions. (II) Order to cease using the relevant special equipment or to suspend operations for rectification. Special equipment in question refers to special equipment for which there are no safety managers, inspectors, and operators with the requisite qualifications, as well as special equipment for which such qualified personnel are present but no safety education and skills training has been provided to them. Ordering a suspension of operations for rectification means that **administrative authorities, in accordance with the laws and regulations governing administrative management, deprive industrial and commercial enterprises or individual business owners who have violated such laws and regulations of the right to engage in certain production or business activities for a specified period of time, so as to enable them to make corrections. Generally speaking, an order to suspend operations for rectification should come with a specified deadline. The law enforcement authorities shall determine a reasonable period for such suspension in accordance with the actual circumstances of the case. Once the specified period has elapsed and the party responsible for the illegal activity has returned to a lawful state in compliance with the regulations, it may resume its business operations. Ordering the suspension of the use of the relevant special equipment or requiring suspension of operations for rectification temporarily deprives the entities responsible for the production, operation, and use of such equipment of their right to engage in related production and business activities, which has a significant impact on their rights and interests; it constitutes a fairly severe legal consequence. Therefore, this provision stipulates that if units engaged in the production, operation, or use of special equipment that are in violation of the law fail to correct such violations within the specified time frame, they shall be ordered to cease using the relevant special equipment or to suspend operations for rectification ; If a unit that produces, operates, or uses special equipment in violation of the law rectifies such violations within the specified time frame, it will no longer be subject to legal liability. (III) Fines. For special equipment production, operation, and use entities that fall under the circumstances stipulated in this article and fail to make corrections within the prescribed time limit, in addition to being ordered to stop using the relevant special equipment or to suspend operations for rectification, they shall also be subject to an administrative penalty in the form of a fine. The amount of the fine ranges from 10,000 yuan to 50,000 yuan; the specific amount is determined by the authority imposing the fine, taking into account factors such as the duration, nature, severity, and consequences of the illegal acts committed by the entity in question.

Submit a Project

**Looking for Chemical Technology, Equipment & Solutions?** No Registration Required Broader Platform Exposure | Global Chemical Service Provider Connections

Submit Request — Free Consultation

Disclaimer

This is an automated machine translation of the original thread. Some technical terms may have inaccuracies; the original text shall prevail. Click "View Original" at the top right to access the source page, which supports IP-based automatic real-time language translation. Please watch out for contact details and sales inducements to prevent fraud. All content and translations are for reference only, representing solely the poster's personal views. For enquiries, email service@hcbbs.com.